Between June and September 2016, over 17,000 people in 16 countries were asked to share their views on a range of issues relating to war – in the ICRC People on War survey. The results are both reassuring and alarming.

On 8 December 2016, Pre-Trial Chamber II of the International Criminal Court (the "ICC" or "Court") issued a decision convening a public hearing on 7 April 2017, for the purposes of a determination, under article 87(7) of the Rome Statute, on the compliance by the Republic of South Africa with the Court's request for arrest and surrender of Mr Omar Al Bashir to the Court.

This month, we have the honor of interviewing Ms. Sigrid Kaag, a top Dutch diplomat who currently serves as a United Nations Special Coordinator for Lebanon (UNSCOL). Last month, the Dutch Carnegie Foundation awarded Sigrid Kaag the Carnegie Wateler Peace Prize. Before the ceremony took place, we took the opportunity to interview Ms. Kaag to discuss her work at the UN, in particular, the succesful UN-OPCW joint mission Ms. Kaag led to eliminate the chemical weapons programme in Syria. We also discussed the role of international law in her daily work at the UN. Here's what she had to say.

1. This afternoon, you’ve been awarded the Carnegie Wateler-Peace Prize. What does this prize mean to you on a personal level?

Sigrid Kaag: I think I’m still absorbing it. But it is important to underline, that it is not just me who has been awarded Carnegie Waterler Peace Prize; I see it as a recognition of the wider team I have worked with. It is a phenomenal recognition, particularly for all those people like me, who on a daily basis are working on issues of conflict resolution and peace-building. I think the Carnegie Wateler Peace Prize is a recognition of the importance of conflict resolution, preventive diplomacy and peace-building. I’m also delighted that women in leadership roles are being recognized. Women are key and critical to peaceful societies and peacebuilding efforts. So, I’m very delighted to have been awarded this prize.

2. In what way does international law play a role in your work activities at the UN, particularly during your mission in Syria?

Sigrid Kaag : International law is always present, whether working for the UN or not. We are working on the realm of what we would want to change. In many conflicts, human rights law and international humanitarian law is grossly violated. We not only have to address the consequences of those violations, but we need to get back to the point where the norm of law becomes the starting point and more than anything we need to avoid a situation where the violation of international law becomes the new norm or even ‘normal’. This would be terrible and deeply sad. I believe that our work, wherever we are and whether we are humanitarian actors or peacekeepers, is not only about stopping the tremendous reversals. International law and human rights should be the minimum; it is not an exception.

3. How do you look back on your special UN-OPCW Joint Mission to eliminate the declared chemical weapons in Syria?

Sigrid Kaag: I’ve always believed that removing Syria’s declared chemical weapons program had many purposes. One obviously was to avoid the chemical weapons being used in the conflict or fall into the wrong hands. The use of chemical weapons during a conflict is a gross violation of international norms and is not acceptable in any way. We always hoped that the joint UN-OPCW mission would be an enabler towards a broader political process. At the time, this was indeed happening parallel to the UN-OPCW mission.

The fact that many people lose their lives during a conflict in an incredible senseless and blatant manner is unacceptable. In such a case, only one solution remains, which is a political process and of course to bring an end to the militarization of the conflict. Since we started the UN-OPCW mission three years ago and from the time we reached the final stages, we can clearly see that the situation in Syria has worsened even further. I believe this demonstrates that it’s vital to actively commit to conflict prevention. Also, international norms need to be disseminated and the international community as a whole, needs to stand for international law. In order to do this, we need to provide the means which differ from the means needed during a conflict.

4. Diplomacy and international law are inextricably linked and conducive to achieve peaceful solutions in conflicts between states. But sometimes there are situations where one works against the other. Did you experience a moment in your career as a diplomat, that international law is perceived as restrictive?

Sigrid Kaag: No! Beyond any doubt, international law stands above everything. I think we all should pursue that. Most countries could strive for more improvement of the use of international law, with regards to women’s right and children’s rights. I do not think that international law is an obstacle for diplomacy; it is the proper compliance and adherence of international law that is lacking. And politics and international law often have a difficult coexistence. Often the UN Security Council is criticized by Group A, Group B or Group C because they think the UN should act in line with international law and then the vote in the Security Council is very different. It is not international law but conflict entanglement, which can complicate diplomacy. Parties have to make choices and those choices can be contrary to international law. These are difficult choices, and it should not be like that, but the world is not quite as simple as that. Advancing international law requires leadership.

5. Are you in your position at the UN prepared to talk to all parties?

Sigrid Kaag : The United Nations usually speaks with all parties to a conflict. Also with parties or groups that Member States often do not communicate with. To bring about change you should always ask yourself whether a given conversation serves a purpose. It is very often a choice. From the UN position we can do that. We must continue to create the space for human rights and the implementation of human rights by speaking with all relevant parties. But at the same time it is a delicate balance, for while we are open to speak with all relevant group, we may not want to give legitimacy to people or figures or groups engaged in the most serious violations of human rights. It's a fine balance. They are also political choices made and they are not only up to you as an individual, but they can be arrangements made by Member States or by the Security Council. .

6. If you would be the new Secretary-General, what would be the first issue you would want to address?

Sigrid Kaag: I do not know if there is a first issue, I think there are many issues to address. But I think the Syria crisis is one of the most burning crisis in today’s world and requires a solution urgently. Secondly, I think the growth of extreme violence, radicalization and terrorism needs more attention. This is a global issue, so not only for the UN to solve. A coherent approach must be implemented and the plans are already there.

7. Can conflict prevention be promoted through education and cultural diplomacy?

Sigrid Kaag: Conflict prevention should be promoted through a lot of different things. At the moment, as you can see in both America and Europe, we have to rebuild the political or public support for the multilateral system and international cooperation. When I was young there seemed to be consensus that the UN and international cooperation were important. Nowadays one seems to almost laugh about what we are doing, as if it is only something for the naive. I think the reason is isolationist thinking; a trend that I think is very detrimental and dangerous. Precisely because the world is so integrated, the world is a village!

8. Did you, in your career, consider one woman your role model?

Sigrid Kaag: No, not really. Some people have role models, but I can’t think of someone.

Ms. Sigrid Kaag, top diplomat who successfully led the OPCW-UN joint mission on the elimination of Syrian chemical weapons, received the Carnegie Wateler Peace Prize on 16 November 2016. The Carnegie Foundation, which owns and manages the Peace Palace, has awarded this peace prize to Ms. Kaag for her successful efforts in accomplishing sensitive and dangerous missions in the Middle-East.

Missions

From October 2013 until September 2014, Sigrid Kaag successfully led the OPCW-UN joint mission on the elimination of Syrian chemical weapons. This unprecedented mission along with Ms. Kaag’s leadership, dedication and courage helped secure the peaceful removal and destruction of Syria’s declared chemical weapons.

Currently, Ms. Kaag serves as the UN Secretary-General’s Special Coordinator for Lebanon, where she oversees the work of the UN family in Lebanon as well as leads on the implementation of Security Council resolution 1701, aiming to achieve a permanent ceasefire between Lebanon and Israel. Her engagement ranges from conflict prevention and diplomacy to strategic leadership on humanitarian, development and security issues.

The Board of the Carnegie Foundation lauds Ms. Kaag’s dedication and personal approach. She is held in particularly high esteem for her ability to bring unity. Chairman of the Foundation, Mr. Bernard Bot, commented her remarkable talent in bringing parties together and to consensus, adding that “Ms. Kaag doesn’t think in problems, but encourages parties to act”.

Achieving and sustaining lasting peace

In her acceptance speech, Ms. Kaag expressed her gratitude to the the Carnegie foundation for the award and her recognition for the thousands of humanitarian workers and UN staff who risk their lives in areas of instability or conflict to serve others and those who strive, mostly behind the scenes, to prevent conflicts from breaking out and to build more cohesive and fortified societies.

Ms. Kaag also highlighted the challenges of achieving and sustaining lasting peace: “Peace is possible. But achieving sustainable peace is never easy. And it is not a question of simply ticking the box. It takes time. It can only be won by patient, undismayed effort, by trial and error, and with setbacks”.

Carnegie Wateler Peace Prize

The Carnegie Wateler Peace Prize is awarded by the Board of the Carnegie Foundation every two years to a person or an institution furthering the cause of international peace. The Prize is named after Johan Wateler. The Dutch banker, horrified by the atrocities of the First World War, drew up a will that dedicated his capital to the establishment of a Peace Prize on 16 November 1916. To mark the 100-year anniversary of the testament, the book ‘De Carnegie Wateler Vredesprijs’ was presented during the Award Ceremony. The first copy was handed to descendants of Johan Wateler. Prizes in previous years have been awarded to UN diplomat Lakhdar Brahimi (2014) and War Child (2012).

An international investigation has been launched into the mysterious disappearance of Dutch Second World War shipwrecks which have vanished from the bottom of the Java Sea off the coast of Indonesia. In a press statement on 15 November, the Dutch Defence Ministery has confirmed that the wrecks of two of its warships that sank in 1942, the HNLMS De Ruyter(see photo) and HNLMS Java, have completely gone, while large parts of a third, the HNLMS Kortenaer, are also missing. The wrecks were first found intact by amateur divers in 2002. But a new expedition to mark next year's 75 anniversary of the Battle of the Java Sea discovered the ships were missing. While sonar shows the imprints of the wrecks on the ocean floor, the ships themselves are no longer there. As about 915 Dutch nationals and 259 Indonesian people died in the Battle, the wrecks have been declared war graves. The Dutch Defence Ministry immediateley launched an investigation as to what happened to the wrecks, suggesting the wrecks may have been illegally salvaged for the scrap metal market.

The Battle of the Java Sea

The Battle was a decisive, but not a much known naval battle of the Pacific campaign of World War II. A hastily assembled squadron of Allied warships suffered a disastrous defeat at the hand of the Imperial Japanese Navy on 27 February 1942, and in secondary actions over successive days. The American-British-Dutch-Australian Command (ABDACOM) Strike Force commander, Dutch Rear-Admiral Karel Doorman (see photo), who is considered a war hero in The Netherlands, was killed. The aftermath of the battle included several smaller actions around Java, including the smaller but also significant Battle of Sunda Strait. These defeats led to the Japanese occupation of the entire Netherlands East Indies. At the time, the battle was the largest surface ship engagement since the Battle of Jutland in 1916.

Illegal scavenging of Allied WWII shipwrecks

Only a year before, on 29 October 2015, government and navy officials from Indonesia, Australia, Great Britain and the United States had gathered in Jakarta to continue their efforts to protect and preserve sunken sovereign vessels in the Java Sea, many of which are considered WWII war graves. As American Naval Attaché, Captain Mark Stacpoole, said: "This year's conference was another opportunity to raise awareness about the efforts to protect and preserve these war wrecks. The close collaboration will enable us to unify our efforts to maintain recognition and respect for these final resting places of our service members who, in the words of Abraham Lincoln, 'gave the last full measure of devotion'". During the conference meetings, participants provided background information on their protection efforts. They also collaborated on other ways to create and sustain awareness to dissuade criminal activities, such as illegal scavenging, recognizing there are mutual national interest in doing so.

A day after the Dutch Defence Ministry's press statement, on 16 November 2015, national British daily newspaper The Guardian reported that three British ships and a US submarine have been plundered by illegal scrap metal scavengers. All four sank during operations in the Java Sea in 1942. A preliminary report from an expedition to document sunken warships, seen by the newspaper, shows that the wrecks of the HMS Exeter, the HMS Encounterhave been almost totally removed. Another ship, the HMS Electra, had also been scavenged, although a 'sizeable section' of the wreck remained. The US submarine Perch, had been totally removed, the report stated. In a statement the British Ministery of Defence said that the Government had contacted Indonesian authorities to express 'serious concern' and request they investigate and take 'appropriate action to protect the sites from any further disturbance'.

Reactions, criticism and action to be taken

The illegal scavenging of war wrecks has caused significant upset among veterans, historians and governments who want to preserve the final resting place of sailors who went down with their ships. Indonesia has initially refused to take blame for what happened to the disappeared WWII war wrecks, arguing that the country could not be expected to protect them without assistance. Bambang Budi Utomo, head of the Indonesian National Archeological Centre, said 'that the Dutch government cannot blame the Indonesian government because they never asked us to protect those wrecks. As there is no agreement or announcement, when the ships go missing, it is not our responsibility'. In a response Indonesia's Navy said 'the ships should not have been disturbed, but it was not our responsibility to protect them. The Navy cannot monitor all areas all the time'. But following a meeting on 23 November with the Indonesian president, Joko Widodo, Dutch prime minister, Mark Rutte stated that Jakarta agreed to cooperate with The Netherlands in getting to the bottom of the mystery.

In Britain, the government has been criticized of not doing enough to stop undersea looting. Andy Brockman, archeologist and researcher in maritime crime, said that the Ministry of Defence considers the protection and preservation of these war wrecks to be too difficult and too expensive. This example of illegal scavenging should spur to international action, led by the governments of Britain, Australia, The Netherlands and the USA, Brockman stated, because it is ever more clear that this attitude is not acceptable to the public, not least to veterans and their families. In a reaction, the Ministry stated that 'given the vast locations of Royal Navy wrecks around the world, there are limitations on what protection we can provide, but where we have evidence of desecration of these site, we will take appropriate action'.

The Commonwealth War Graves Commision stated that the war wrecks in the Java Sea were not formally designated as war graves. In the United Kingdom, only 67 ship wrecks and all underwater military aircraft are "protected places" under the Protection of Military Remains Act 1986 which imposes restrictions on their exploration and marine salvage. The law concerning "protected places" applies anywhere in the world, but in practice, outside the UK, the sanctions can only be enforced against UK citizens, UK flagged ships, or vessels landing in the UK, unless backed by local legislation. In the List of designations under the Act there is no mentioning of the HMS Exeter, the HMS Encounter (see photo), and the HMS Electra. A last resort for protection, Andy Brockman has suggested, is invoking the International Convention on Salvage, London, 28 April 1989. Wrecks are considered the property of the Flag State in which they were registered. Under this convention it is illegal to remove scrap without official permission.

Next Blog

The status in international law of operational warships has been long established. In contrast, the status of such vessels after they have sunk has been, and remains, a matter of considerably uncertainty. In 2007, the Institut de Droit International decided to look into the matter. It is certainly the case that the international regime appertaining to the wrecks warships and other State-owned ships is in serious need of clarification, as well as progressive development. On 29 August 2015, at its 77th Session held in Tallinn, Estonia, the Institut de Droit International adopted a resolution on the 'Legal Regime of Wrecks of Warships and Other State-owned Ships in International Law'. To be continued in February 2017.

The Summer Programme is aimed at students and practitioners seeking a deeper understanding of international law, whether public or private. The Hague Academy of International Law awards all participants to the Summer Courses who have regularly attended the lectures a Certificate of Attendance.

The Summer Courses are open to:

Candidates who have completed at least 4 consecutive years of university studies, which must have included lectures on international law;

Candidates holding a 3-year law degree (LL.B. or other) on the start date of the upcoming Summer Courses, preferably having already followed some university courses in international law.

All candidates must master one of the two working languages (English or French).

Registration fees:

1100 Euro for each three-week session

2000 Euro for both sessions

650 Euro for scholarship students (valid only for one session, this amount will be deducted from the overall scholarship amount of 1200 Euro)

Payment must be made upon receipt (by e-mail) of a letter of pre-admission and an invoice. You can pay online on your Hague Academy account or by international bank transfer to:

Académie de droit international de La Haye

IBAN: NL20 ABNA 0606 0308 83
SWIFT: ABNANL2A

Your registration will be confirmed via a letter of admission upon receipt of the payment by our bank. Registration fees are not refundable except in cases of serious medical emergency or other exceptional circumstances, to be assessed by and proven to the Academy.

NB: Eligible full-fee applications are reviewed on a rolling and first-come, first-served basis from the moment the registration period starts (i.e. November 1st). Candidates should note that due to the large number of applications received, the available places tend to fill up rather quickly. Applicants may therefore be put on a waiting list.

Since 2011 we have built an extensive collection of law books in the Arabic language. The books come from diverse countries, from Mauritania and Morocco to Egypt and Sudan, Lebanon, Syria and Iraq to Yemen and Oman. The main topics we’ve selected are: public international law, international criminal law, Islamic law (almost 400 titles), national positive law and related subjects.

In our Arabic collection you will find issues concerning human rights, the rights of women, children and minorities, freedom of religion, slavery, borders, humanitarian law, water, the Nile, constitutional law, the Islamic state, electoral law, Islamic criminal law, corruption, medical ethics, family law, commercial law, inheritance law, civil procedure, criminal procedure, etc. You will find also comparative studies between Islamic and positive law, contemporary collections of fatwas and judgments and to a lesser extent books on international relations, history and political issues, such as the Arab Spring and the civil war in Syria.

If you have any questions about the Library's Arabic collection or if you need custom advise for your research on Islamic Law, please don't hesitate to ask the librarian: f.markx@peacepalacelibrary.nl

Research guide Islamic Law

This Research guide is intended as a starting point for research on Islamic Law. It provides the basic legal materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library's classification index code 346. Works on the Law of Oriental Countries and on Islamic Law and subject heading (keyword) Islamic Law are instrumental for searching through the Catalogue. Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.

Library special Syria Crisis: Humanitarian Law, Warfare, Refugees

The Syrian civil war is an ongoing multi-sided armed conflict in Syria in which international interventions have taken place. Violence has escalated amid an absence of meaningful efforts to end the war. Individuals and units are believed to be responsible for crimes against humanity, breaches of international humanitarian law and gross human rights violations. We have created a Library special on this topic in order to provide you easy access to our collection. If you have any questions, please don't hesitate to ask the librarian: r.steenhard@ppl.nl

During the U.S. election campaign Trump threatened to abandon U.S. allies in Europe if they did not spend enough on defense. Apart from undermining the deterrence-effect of NATO, this policy would be disastrous for European security. Fortunately U.S. President Barack Obama has said: "In my conversation with the president-elect he expressed a great interest in maintaining our core strategic relationships and so, one of the messages I will be able to deliver is his commitment to NATO and the transatlantic alliance." Although president Trump will retain America’s commitment to the NATO alliance, Europe is awake now after dozing in under the U.S. security umbrella. Guy Verhofstadt: "A Trump presidency will lead to an epic geopolitical shift: for the first time since 1941, Europe cannot rely on the US defense umbrella; it now stands alone. (...) The EU should treat Trump’s election as a wake-up call to take charge of its own destiny." Does the European Union need an army?

The European Union needs a military headquarters to work towards a common military force, the European Commission president Jean-Claude Juncker has told MEPs in Strasbourg. But Mr Juncker said a common military force "should be in complement to NATO". "More defence in Europe doesn't mean less transatlantic solidarity." The Members of European Parliament advocate more defence spending up to 2% of GDP, creation of multinational forces and EU operational headquarters too. They want the EU to respond faster and more robustly to real threats, which they say requires European armed forces to work together better. “Two thirds of EU citizens would like to see greater EU engagement in matters of security and defence,” says the text, referring to June 2016 Eurobarometer survey.

High Representative Federica Mogherini has proposed an Implementation Plan on Security and Defence on 14 November 2016, to turn into action the vision set out in the EU Global Strategy.The Implementation Plan sets out a Level of Ambition for the European Union's Security and Defence, focused on three priorities: enabling the European Union to respond more comprehensively, rapidly and decisively to crises, enhancing security and defence capacities of our partners and strengthening the European Union's capacity to protect European citizens, working in a coherent and integrated manner on our internal and external security. The Plan has been welcomed by the European Union's Foreign and Defence Ministers gathered in Brussels on 15 November 2016 and will be presented to the EU's Heads of State and Government at the next European Council in December 2016.

NATO Secretary General Jens Stoltenberg met with EU Defence Ministers on Tuesday (15 November 2016) for talks on European defence and closer NATO-EU cooperation. The "European Union-NATO Declaration on the European Security and Defence Policy (ESDP)" and the "Berlin Plus" arrangements are the basic documents for the EU-NATO strategic partnership. Mr. Stoltenberg stressed that efforts to strengthen European defence can contribute to a stronger NATO, through better defence capabilities and higher defence spending in Europe.

Only five EU countries, including Britain, meet a NATO target of spending 2 percent of economic output on defense. British Defence Secretary Michael Fallon : "Rather than dreaming of a European army, the best approach to the Trump presidency is for European countries to step up their own defense spending." General Tom Middendorp, Chief of Defense of The Netherlands armed forces has expressed his concerns in an interview with NRC. In his view, the Dutch army has not been able to predict the Arab Spring and the upcoming of Islamic State. Cutting in military (intelligence) expenses has lead to a diminished ability to anticipate on armed conflicts.

Now Russia’s annexation of Crimea and intervention in Eastern Ukraine directly affect EU member states’ security, the European Union needs to strengthen defence cooperation in order to respond more adequately in the future. It includes strengthening the EU's borders and promoting greater security co-operation between member states, as well as greater military centralisation. To conclude in Verhofstadt's words: “The EU must become independently capable of ensuring its own security. Anything less will be insufficient to secure its territory. This is a difficult but vital decision that the EU has postponed for too long. Now that Trump has been elected, it can wait no longer.”

Kluwer Competition Law is a fully searchable collection of primary source material, commentary, and analysis in EU competition law. The database has been organised into the specific competition law topics of Antitrust, Mergers and State Aid. Each topic consists of an overview, legislation and notices, Commission and Court Decisions and Analytical Materials, taken from KLI publications (journals, books and looseleafs) and explaining the reasoning behind the decisions and their implications. Liberalisation, the internal market, services and goods and consumer policy and the environment are included as special sectors. The database also includes 29 country reports of National Legislation and of Analytical Materials, derived both from KLI publications and the e-Competitions bulletin. Inhouse only.

The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law.